Terms and Conditions
Terms and Conditions - Please read carefully:
PinoyTiangge.com, (herein after
referred as “PinoyTiangge” or “Pinoy Tiangge”) including subsidiaries and
affiliates provide you, its Services (herein after referred as
"Website") under the following conditions.
Please read the following terms
carefully. If you do not agree to the following Terms & Conditions you may
not enter or use this Website. If you continue to browse and use this Website
you are agreeing to comply with and be bound by the following terms and
conditions of use, which together with our privacy policy governs PinoyTiangge
and its use by you in relation to this Website.
I. In General
The following General Terms of
Service ("Terms") shall apply exclusively to the business
relationship between ICircle Corp., a duly registered business in the Republic
of the Philippines with TIN: 008-014-872-000, its internet platform http://www.pinoytiangge.com
("the Website") and our users. By using the Website, the user accepts
the following General Terms and Conditions, as well as the manner in which the
Website operate as described on the Website.
PinoyTiangge has the right to
revise and amend these General Terms from time to time in its absolute
discretion, including but not limited in response to changes in market
conditions affecting PinoyTiangge's business, changes in technology, changes in
payment methods, changes in relevant laws and regulatory requirements and
changes in PinoyTiangge's system capabilities.
All users will be subject to the policies and terms and conditions
in force at the time that they have registered in the website, unless any
change to such policies or terms and conditions is required to be made by law
or governmental authority or PinoyTiangge notifies its users of the changes to
such policies or General Terms before PinoyTiangge sends information relating
to delivery.
This Agreement and any
operating rules for the Website established by PinoyTiangge constitute the
entire agreement of the parties with respect to the subject matter hereof, and
supersede all previous written or oral agreements between the parties with
respect to such subject matter. No waiver by either party of any breach or
default hereunder shall be deemed to be a waiver of any preceding or subsequent
breach or default. The section headings used herein are for convenience only
and shall not be given any legal import.
II. Information on the Website
While every effort is made to
update the information contained on this Website, neither PinoyTiangge nor any
third party or data or content provider make any representations or warranties,
whether express, implied in law or residual, as to the sequence, accuracy,
completeness or reliability of information, opinions, any pricing information,
research information, data and/or content contained on the Website (including
but not limited to any information which may be provided by any third party or
data or content providers) and shall not be bound in any manner by any
information contained on the Website. PinoyTiangge reserves the right at any
time to change or discontinue without notice, any aspect or feature of this
Website. No information shall be construed as advice and information is offered
for information purposes only and is not intended for trading purposes. You and
your company rely on the information contained on this Website at your own
risk. If you find an error or omission at this site, please let us know.
III. Trademarks
You may not use any
PinoyTiangge logo or other proprietary graphic or trademark as part of a link
to our Site without our express written permission. In addition, you may not
use any meta tags or other hidden text or metadata utilizing name, trademark,
URL or product name incorporating PinoyTiangge's name or trademarks without our
express written consent.
IV. Site Access
a. PinoyTiangge is not responsible for any material submitted to
the public areas by you (which include bulletin boards, hosted pages, chat
rooms, or any other public area found on the Website. Any material (whether
submitted by you or any other user) is not endorsed, reviewed or approved by
PinoyTiangge. PinoyTiangge reserves the right to remove any material submitted
or posted by you in the public areas, without notice to you, if it becomes
aware and determines, in its sole and absolute discretion that you are or there
is the likelihood that you may, including but not limited to –
a1. Defame, abuse, harass, stalk, threaten or
otherwise violate the rights of other users or any third parties;
a2. Publish, post, distribute or disseminate any
defamatory, obscene, indecent or unlawful material or information or libelous content about PinoyTiangge;
a3. Post or upload files that contain viruses,
corrupted files or any other similar software or programs that may damage the
operation of PinoyTiangge and/or a third party computer system and/or network;
a4. Violate any copyright, trade mark, other
applicable Philippines or international laws or intellectual property rights of
PinoyTiangge or any other third party;
a5. Submit content containing marketing or
promotional material which is intended to solicit business.
b. You agree not to use or launch any automated
system, including without limitation, "robots," "spiders,"
"offline readers," “auto-clicker,” etc., that accesses the Website in
a manner that sends more request messages to the Website servers in a given
period of time quicker than a human could reasonably produce in the same period
by using a conventional on-line web browser.
c. You agree not to circumvent, disable or otherwise
interfere with security related features of the Site or features that prevent
or restrict use or copying of any content; forge any TCP/IP packet header or
any part of the header information in any posting or in any way use the Site or
Services to send altered, deceptive or false source-identifying information;
attempt to probe, scan or test the vulnerability of any system or network or
breach or impair or circumvent any security or authentication measures
protecting the Site or Services; and/or attempt to decipher, decompile,
disassemble or reverse engineer any of the software used to provide the Site or
Services.
d. You agree that you will not attempt to fraud the
site in any way, including but not limited to falsely claiming any items that
you did not win.
e. You agree not to develop or use any third party
software that automates any part of the PinoyTiangge's signup process including
but not limited to form filling and button clicking.
f. You agree that your access may be blocked
or limited if you access PinoyTiangge through a VPN connection or through a
proxy and/or you purposely mask your IP address.
g. You agree that marking any email from
PinoyTiangge as spam may result in automatic account suspension.
h. You agree that you will not make any fraudulent
payments, including but not limited to stolen credit cards and other
unauthorized payment methods.
i. You agree that you will not, nor will you permit others
to, cover or obscure any banner or other advertisements on any PinoyTiangge
page.
j. You agree not to write any content that can be
categorized as spam on any PinoyTiangge page on any of its web site
k. You agree that you will not advertise the sale of
discounted Bid Points on PinoyTiangge.com, Facebook.com/pinoytiangge, or any of
PinoyTiangge's other web properties if not an Official Distributor/Dealer of
Pinoy Tiangge.
l. You agree not to post any false, inaccurate,
misleading, defamatory, or libelous content about PinoyTiangge.
m. You agree not to attempt uploading any computer
virus to the Website.
n. You agree not to post to our site and not to
e-mail PinoyTiangge or its users and unsolicited advertising, promotional
materials, junk mail, spam, chain letters, pyramid schemes, or any other form
of solicitation.
o. You agree not to upload or post any
pornographic content, stories, or links to the Website.
p. You agree not to attempt any harvesting of user
information including e-mail addresses or facebook profile information.
q. You agree not to sell or transfer or use your
account to any other person.
r. Any special promotions run by PinoyTiangge shall only be valid
if they are announced on the Website or in its corresponding email newsletter
or in our Facebook Official Fan Page: http://www.facebook.com/pinoytiangge, and
only for the limited time announced.
s. Any unauthorized use may result in termination of
Account privileges, which is without limitation to any other legal action that
may be taken by PinoyTiangge.
V. Eligibility and Your Account
a. The use of this Website is
open to all provided that you are at least 18 years of age and able to enter
into binding contracts. By signing up in the website, the user declares that
they are legally capable of entering into a binding contract. Employees of
PinoyTiangge and their immediate families are not eligible to participate in
the Website under any circumstance.
b. Each user may register only
once. Only individuals may open an Account, not entities, companies, trusts,
co-ops, etc.
c. Registration
using Post Office (P.O.) Boxes or its equivalent is not permitted.
Additionally, PinoyTiangge will allow up to 2 accounts in a single household as
long as the number of accounts corresponds to the same number of individual
persons who actually registered. PinoyTiangge reserves the right to investigate
and suspend multiple accounts found to belong to only one person and will also
suspend any accounts of people who know each other and bid on the same auction. Furthermore, PinoyTiangge does not allow any registrant to join future auctions if the said registrant has a co-household whose user account is already suspended/banned.
d. During the registration
process, the user must choose a username. The username should be appropriate.
It must not be offensive, deceptive or misleading, obscene or otherwise offend
common decency, or infringe the intellectual property rights of third parties.
If PinoyTiangge receives credible information that a username is illegal or in
breach of any of these Terms, PinoyTiangge can replace said username without
prior notice.
e. During the registration
process, the user must also choose a corresponding user password, which is to
be kept secret by the user. User accounts created during registration are
non-transferable. The user account may be used only by the user and not by
anyone else.
f. When creating
your Account, you agree to only provide accurate, current and complete
information as may be prompted by any registration forms on the Site.
g. You may not sell, license, or
let other users use or otherwise transfer your Account.
h. You are
responsible for keeping your user account password confidential. Pinoy Tiangge
will never ask for your password except during login. You should never provide
your password to anyone, including but not limited to your housemates/households,
relatives or friends. User accounts are non-transferable. Only You may use your
account. You agree to be liable for all offensive or unlawful activities that
are undertaken using your user account.
i. You may refer
friends to Pinoy Tiangge using the referral form link: http://ibid.pinoytiangge.com/affiliate.php
or by giving your Affliate Code during registration of your friends. Pinoy
Tiangge offers free bids to any user who refers new users who purchase Bid
Bundle. Pinoy Tiangge reserves the right to review each referral for possible
fraud. You may not refer family members or persons located in your household.
Any abuse of the referral system may result in the deduction of fraudulent bids
awarded and/or the termination of your account in Pinoy Tiangge’s sole
discretion.
j. Unless the user can
demonstratively prove the absence of any fault on their part, the user shall be
liable for all activities that are undertaken using the user account together
with the associated password.
k. PinoyTiangge reserves the
right to cancel an account, refuse registration, refuse service, terminate
accounts, cancel orders or disqualify you for any reason or for no reason at
its sole discretion.
l. Pinoy Tiangge
may at any time terminate your Account, for any reason or no reason, with or
without notice.
m. In addition to the Terms and
Conditions herein, the Website Provider shall not be liable or responsible for
any loss, damage (whether special or consequential), embarrassment, goodwill
expenses or loss of profit incurred or suffered by the Customer by reason of or
in connection with the followings:
i. Any failure, delays in transmission,
interruption, errors, omission or breakdown of any equipment, system, server
software or terminal of the Website Provider;
ii. Interference by computer virus, corrupted data,
malfunctions;
iii. Any failure or delay attributable to the Website
by its service provider;
iv. Failure or delay due to causes beyond the control
of the Website Provider including causes such as strikes, industrial
action, civil disturbances, flood, earthquake, landslides or Acts of God or
computer, electronic, communications or electrical systems failures of any
nature whatsoever, breakdown, interruptions, non-supply, failure in the supply
of electricity or power for any length of time;
v. Any inaccuracies, errors, defects of any content
of this Website or other website linked to this Website;
vi. Any operation malfunctions or defects of the
Customer's computer terminal, systems or software used in accessing the
Website;
vii. Any access, use or inability to access or use this
Website and/or any other website linked to this Website.
m. Disqualification. In the event of
any abuse or unauthorized use of the user account, due to actions or omissions
of the user, which is in breach of these Terms or to the detriment of PinoyTiangge
or third parties, PinoyTiangge shall have the right, at its sole discretion, to
temporarily or permanently disqualify the user, disable its account and, if
appropriate, report the commission of a crime. Examples of such unauthorized
usage include (but are not limited to) non-payment of bids, use of unauthorized
third-party bidding software, creation of multiple user accounts by the
same individual, or joining a group for teamplay or foul play.
PinoyTiangge reserves the right to suspend the user's account, and shall inform the user of the former's intended action, and such notice shall include the ground for the same. The user shall, within three (3) days from receipt of the notice, show cause why the appropriate and intended action should not be taken against him/her/it. The user's failure to show cause within the allowed period shall be sufficient ground for PinoyTiangge to proceed with its intended action against the user.
PinoyTiangge reserves the right to suspend the user's account, and shall inform the user of the former's intended action, and such notice shall include the ground for the same. The user shall, within three (3) days from receipt of the notice, show cause why the appropriate and intended action should not be taken against him/her/it. The user's failure to show cause within the allowed period shall be sufficient ground for PinoyTiangge to proceed with its intended action against the user.
In the event of a breach of these Terms, PinoyTiangge
reserves the right, amongst other remedies, to withhold deliveries.
Furthermore, PinoyTiangge reserves the right, at its sole discretion, to limit
the number of auctions a user may participate in or the number of their
successfully finished auctions. Without limitation, it shall be a breach of
these Terms if a user provides any information that is false, inaccurate or
misleading or if the user engages in any unlawful activity in connection with
the Website, or if the user creates or attempts to create interference with the
proper working of the Website.
VI. General Bidding Rules
The bidding process in
PinoyTiangge is a standardized form of negotiation, whereby, the placing of
bids is considered as an offer to purchase goods or service. The actual sale is
consummated or perfected with the person having the highest offer being the
final contracting party.
Any bidding advice or other
written advice (for instance, 'Help Topics' articles) posted on the Website are
provided solely as suggestions and are not intended to be relied upon.
PinoyTiangge is not responsible for any actions taken due to a user or other
person having read or been told about such advice.
All users are advised to
monitor their bidding practices. Placing bids on the Website frequently or
repeatedly can incur high costs. Users should therefore pay attention to their
bidding practices and ensure that they bid within their budget. For more advice
about how to use PinoyTiangge responsibly, please see (NA)
a. While up to 2 members in the same household are
permitted to have separate accounts, they are not permitted to bid on the same
auctions. Evidence of this activity will be deemed collusion and will result in
all offending accounts being closed permanently.
b. If any payment by a User for Bid Points or Products or
Bid Bundle is returned or dishonoured, the User will be charged a fee equal to
P2000 per transaction, which is a fair approximation of PinoyTiangges' costs and expenses of
such return. Without limitation to any other rights or remedies, PinoyTiangge
reserves the right to disable such User's Account until all obligations are
paid in full.
c. Bids placed & items won in violation of our Terms
& Conditions will be forfeited.
d. Purchasing Bids / Bonus Bids Points
- Rights to bid in an auction ("bids") must be paid for by users prior to online bidding. Bids can be purchased in packages ("Bid Points") at the prices in force at the time of purchase. Purchased bids do not expire, are non-transferrable, and are not refundable unless otherwise specified by PinoyTiangge. Details can be found at the Website. Payment for bids can be made via payment agents such as PayPal, DragonPay and CashSense.
- If the registered user who purchased Bid Packages wishes to apply for refund for reasonable cause or found our services not suitable for the user, the request can be granted provided that the purchased was made 7 days prior to request through email. All remaining Bid Points will be refunded on its equivalent monetary value the day the Bid Packages was purchased. Details of refund will be sent through email. The refund policy is made to protect consumer's right inside Pinoy Tiangge.
- Selling or reselling of PinoyTiangge bid points is not permitted
without the written approval from PinoyTiangge or one of its authorized agents.
- Selling or reselling PinoyTiangge bid points at discount by other
users who are not Official Distributor or Dealer of PinoyTiangge is strictly
not permitted.
VII. How to Place a Bid:
Users can place bids by physically clicking on the bid buttons.
Once a bid is placed, it is deducted from the user's bid account. If more than
one bid is required for each button press, this will be clearly marked on the
bid button.
The user is prohibited from using bidding software not authorized
by PinoyTiangge. Doing so will constitute a Breach subjecting the user to
immediate disqualification.
VIII. How an Auction Works:
With each bid placed the price of the item on which the user is
bidding increases by the amount designated on the Website by PinoyTiangge. A
bid submitted by the user conveys the willingness of the user to enter into a
binding contract with PinoyTiangge for the item offered at the price of that bid.
In the event that bid is the last bid made at the end of an auction, the bid
constitutes a binding contract with PinoyTiangge to purchase the item of the
auction at the final bid price and under the conditions set out in the pages
which provide the details for each specific auction. A contract to purchase the
item does not come into effect until the auction is finished and the last
bidder has followed all the steps in the next section.
Each item for auction has a “countdown timer” which indicates the
time remaining in the auction. As auctions approach their end, each new bid
placed resets the "countdown timer" at the interval specified for
that item on the “reset timer”. The auction ends when the remaining time
reaches zero. The user who was the last to bid then wins the auction. All other
bids on the item expire and, as indicated, are non-refundable. The last bidder
is determined according to the records in PinoyTiangge's database.
PinoyTiangge's determination of the last bidder shall be final (save in the
case of manifest error).
Bidding on auctions is influenced by the different limits and
determined by the administrators during the auction.
PinoyTiangge reserves the right to introduce special auctions such
as, but not limited to, limiting the number of auctions won during a specific
period. Furthermore, PinoyTiangge reserves the right to change parameters of
the auction at any time including but not limited to win limitations, bid
increments, auction timer, and the required “bids per bid”.
PinoyTiangge reserves the right to reject any attempt of bidding
based on (but not limited to) previous auctions won, number of auctions won in
last 48 hours or fraud investigation. The user agrees to acquire the right to
purchase in PinoyTiangge a maximum of 5 items (including bid points) per 10-day
period.
PinoyTiangge reserves the right to discontinue special auctions as
outlined above, or any other special auctions it may choose to institute, at
its discretion.
IX. Acceptance of the Win, Payment and Delivery
After an auction has ended, the last bidder (the
"winner") must begin the process to claim their item. The winner can
do this by clicking the claim button for that auction item or by going to My
Wins in the My Account section of the website and clicking the Won! Claim Item!
link. After clicking the claim button, the winner must select a payment
provider and pay the total price for the win by following the steps indicated
on the following pages the winner is directed to. After confirming the win and
paying the amount due using the selected payment provider, the winner will
receive a confirmation e-mail from PinoyTiangge. Subsequently the item will be
delivered to the winner (subject to the remedies for breach of a Term set out
in this Agreement.)
If an auction win has not been confirmed by the winner and paid
within seventy-two (72) hours of the auction end time, PinoyTiangge reserves
the right to withdraw the offer to conclude a contract. If PinoyTiangge
withdraws the offer, the winner's right to pay for and receive delivery of an
item will be permanently revoked. In this instance, the bids placed in that
auction are non-refundable.
Should bids that have already been purchased and used by a user
not have been fully paid for, payments subsequently received from this user
shall be treated as payment toward the bids not yet fully paid for.
PinoyTiangge reserves the right to retain the item purchased at auction until
all bids and the total price have been paid for in full. PinoyTiangge reserves
the right to charge the winner reasonable storage charges for items not paid
for.
Once payment has been successfully made, PinoyTiangge reserves the
right to ask for submission of a valid identification for proof of identity
purposes.
If PinoyTiangge suspects that the user won under false pretenses
including but not limited to playing under someone else's name, PinoyTiangge
can refuse delivery of the item without any refund of payments made or bids
used.
Pinoy Tiangge solely reserves the right to re-auction the item, to unpublish the auction and the winner, and other related details in case of unexpected circumstances such as but not limited to server and system failure and other system related issues. All auctions under this incident will automatically be marked as void and Pinoy Tiangge is responsible to refund all the bids used to those who participated in the said auction.
Pinoy Tiangge solely reserves the right to re-auction the item, to unpublish the auction and the winner, and other related details in case of unexpected circumstances such as but not limited to server and system failure and other system related issues. All auctions under this incident will automatically be marked as void and Pinoy Tiangge is responsible to refund all the bids used to those who participated in the said auction.
Publicity. PinoyTiangge reserves the right to publish the name, region address and photograph of the winners. This rule is one of the conditions of participating on the Website, which allows PinoyTiangge to provide the public with proof of the auctions won by users. This constitutes a fundamental transparency issue.
As a winner of a major auction, users may be asked, depending on
advertising needs, to take part in a photo session and a brief interview about
the circumstances surrounding his/her/its win. The following rules apply to the
photo session:
1. The face must be uncovered.
2. PinoyTiangge might require photo ID to confirm the winner's
usual appearance. If a winner refuses to comply with these rules, PinoyTiangge
reserves the right to suspend delivery of the prize.
The information gathered may be used to write a press release sent
to the media and may also appear in one of PinoyTiangge's commercials,
including but not limited to, television and radio, as well as on the Website.
Delivery of the item is also subject to the absence of fraud. Any form of cheating or unfair practice including but not limited to team play, account that is under household of suspended account/s, credit card fraud, chargeback, playing under a false identity, using multiple accounts or using other user’s account will result in forfeiture of the win. Furthermore, Pinoy Tiangge reserves the right to delay shipment of any items pending investigation of suspected foul play.
Delivery of the item is also subject to the absence of fraud. Any form of cheating or unfair practice including but not limited to team play, account that is under household of suspended account/s, credit card fraud, chargeback, playing under a false identity, using multiple accounts or using other user’s account will result in forfeiture of the win. Furthermore, Pinoy Tiangge reserves the right to delay shipment of any items pending investigation of suspected foul play.
X. Cancellations
PinoyTiangge grants winners the right to cancel a purchase for a
full refund of the auction end price, less restocking fees, even if the goods
are not defective in any way, subject to the limitations provided in these
Terms. This cancellation right terminates at 5 pm on the day, which is fourteen
days after the day on which a winner receives the goods or a notification that
the goods are ready for collection. Day one of this fourteen day period is the
day following such receipt or notification.
The right to cancel does not apply in the event the item consists
of audio or video recordings or computer software whose packaging has been
unsealed after delivery or collection. These items are not eligible for return
or refund. Sets or boxes can only be returned in their entirety. If a winner
wishes to cancel the contract within the fourteen day period, they must inform
PinoyTiangge in writing (by letter or email). The winner must retain proof that
the writing was transmitted within such 14 days. Cancellations by phone will
not be accepted.
XI. Indemnity
The Users agree to fully
indemnify PinoyTiangge against any and/or all liabilities, losses, damages,
penalties, actions, judgments, costs, expenses or disbursements of any kind
whatsoever which may be imposed on, incurred by PinoyTiangge in respect of the
User's unlawful activities, communication, act and/or omission in any way
relating to or arising out of the negligence of or misconduct of or breach of
or any omission, delay or failure of the User's obligations under the Terms and
Conditions as provided herein.
The User agrees to
indemnify and hold PinoyTiangge, its members, managers, affiliates, officers,
agents, lawyers, accountants, licensors, and other partners and employees,
harmless from any loss, liability, claim, or demand, including reasonable
attorneys' fees, made by any third party due to or arising out of your use of PinoyTiangge
or any of its services in violation of these Terms and Condition, arising from
your breach of these Terms and Condition, arising from your violation of
applicable law or court order, and arising from your negligence.
XII. Collusion/Team Play
Any kind of collusion or
team play is strictly forbidden on PinoyTiangge. By definition, this includes,
but is not limited to, two or more members working together as a team, or
creating the impression that there are more people involved and competing to
win an auction than there actually are. PinoyTiangge does not allow two members
that know each other to participate in the same auction. Two members
participating in the auction are by definition engaging in team play, and
automatically lose their right to win, purchase, or receive any of their bids
back for auctions in which they engaged in team play.
Team
play also includes the participation in any societies, groups, forums, or
venues (public or private, online or offline, hidden or open) in which users
discuss unfair play on PinoyTiangge including but not limited to collaboration
techniques, offering win assistance, calling items, and any other technique
associated with unfair play.
PinoyTiangge
reserves the right to disqualify in its absolute discretion any users they
suspect to be working in a team by voiding all their wins and freezing their
accounts. No funds or bids will be returned.
PinoyTiangge also reserves
the right to immediately suspend any accounts which it suspects were involved
in team play.
XIII. Termination
Pinoy Tiangge reserves the right to disqualify in its absolute discretion any users suspect to be intimidating others by voiding all their wins and freezing their accounts. No funds or bids will be returned.
XIV. Intimidation Play
Notwithstanding
any of these Terms, PinoyTiangge reserves the right, without notice and in its
sole discretion, to terminate your license to use the Website, and to block or
prevent future your access to and use of the Website.
XV. Fraudulent Activities
Any abuse of a user
account or violation of these terms and conditions by a user will result in the
disqualification of the user and may also result in criminal proceedings.
We do not tolerate in any
way inappropriate and fraudulent activity, and will seek criminal and
contractual sanctions against any person involved in or suspected of
involvement in fraud, dishonesty or criminal acts, or collusion or suspected
collusion with other persons involved in fraud, dishonesty or criminal acts.
This includes, but is not limited to, cheating, attempting to defraud us or
other users of the Website, payment fraud, payment reversals, use of stolen
credit cards, money laundering or other attempts to deposit funds obtained from
ill-gotten means.
We will withhold all
payments to you where your involvement in any of the above acts or activities
is suspected and we reserve the right to suspend or close your Account and bar
you from further participation in the Website, whilst also reserve the right to
withhold any items won and/or purchased.
If we deem it appropriate
we may share information regarding your fraud, dishonesty or criminal acts
(including your personal data) with anyone we deem it necessary, including
banks, payment gateway providers and credit card companies. We will also make
such reports as are necessary to the authorities. Furthermore, you must not
attempt to gain unauthorized access to the Website, the server on which the
Website is stored or any server, computer or database connected to the Website.
XVI. Verification
In order to maintain
integrity of the site, PinoyTiangge reserves the right to ask for verification
of age, identity, address, and phone number at any time. Be certain to include
accurate information in your PinoyTiangge account profile. Failure to do so may
lead to closed accounts or non-delivery of prizes.
XVII. Prosecution
The User hereto agrees and
acknowledges that all the covenants and agreements herein contained shall be
deemed conditions and that if default or breach be made of any of such
covenants and conditions, then PinoyTiangge reserves the right to prosecute the
user, civilly or criminally and the errant user shall be liable for any and all
damages, actual and consequential, resulting from such breach.
Any mediation, litigation, case of disputes or any settlement of dispute should be exclusively done and settled in Metro Manila.
Any mediation, litigation, case of disputes or any settlement of dispute should be exclusively done and settled in Metro Manila.
Should PinoyTiangge be
compelled to seek judicial relief against the errant user, the PinoyTiangge
shall, in addition to the damages mentioned in the preceding paragraph, pay an
amount equivalent to One Hundred Percent (100%) percent of the amount claimed
in the complaint as attorney's fees (with minimum of P100,000.00) aside from
the costs of litigation and other expenses which the law may entitle PinoyTiangge
to recover from the User.